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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: I live in Aus. A business in Florida accepted a 500$ deposit towards a future purchase, have sought a refund, ignored.

Advice provided.

Charles M.  Baron
Charles M. Baron answered on Nov 18, 2020

You definitely can file a small claim, and during the pandemic, Fla. courts are doing everything remotely (video or telephonic hearings). However, when the time arrives for them to start up in-person again, you might have a problem. The first stage in small claims, after filing and serving the... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Florida on
Q: My mother had 5 beneficiaries on her annuity she made me power of attorney specifically to remove 3 of those beneficiari

From her annuity leaving me and my sister Do I have the power as POA to remove individuals requested by my mother She could not sign the papers herself changing beneficiary because of the coronavirus which she died from And because access to her was restricted she gave me power of attorney to take... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you have not had any luck with the insurance company, your next step is to hire an estate attorney to talk to their legal department. If that does not help, then the insurance company will file most likely file an "interpleader" and turn the proceeds over to the court, to have them... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Business Law for Florida on
Q: Is it true that I don't need permission to use a song in my streaming service if it's free (and I make money from ads)

I'm starting a small music streaming service. And one of the bands I was talking to said that they do not own the licenses to their music. But would like to be on the platform. They mentioned to me that, to use their music, I do not have to pay royalties, so long as the platform is free, as... Read more »

Allison Higgins
Allison Higgins answered on Nov 12, 2020

This sounds like a situation where you will need to hire a lawyer. There are a lot of moving parts that need to be parsed out. You may want to look into getting a blanket license like many radio stations have.

Look into hiring a copyright lawyer that has experience with musicians and...
Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue the supermarket for this?

So I went to get yogurt at the grocery store, this store doesn't sell any pet food or any pet items whatsoever. The container that I bought is in the normal dairy area for human consumption. I went home and on the container it says "for cats and dogs, not for human consumption in small... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2020

Did it kill you or make you sick? No. So what are your damages? None. Without damages, generally you cannot sue.

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for Florida on
Q: Am I able to obtain a repossessed car that I use 100% of the time even though I am not on the title?

My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Oct 8, 2020

Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.

3 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Collections for Florida on
Q: Bank can’t repo lost (not stolen) vehicle.

My fiancé and I got a vehicle together (both co-buyers on the loan). We ended up not being able to make the payments and we’re going to voluntarily give it back to the bank. It was this big ordeal and the bank wasn’t letting me set up a time for someone to either come pick it up or for me to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2020

Nothing goes away. You should inform the bank about this so that it can take any action it deems necessary for them to track down the vehicle and take possession of it. If the vehicle is repossessed, it will be sold at auction and the proceeds applied to your loan balance. However, there is no... Read more »

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1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: How do I research a us district court case by number?

This is a class action against Samsung Electronics USA. Case # 2:17-CV-01263-CCC. How can I look this up to see what's going on with it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2020

https://pacer.uscourts.gov/

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: 3 yrs ago @ a motel paid full for month. wanted refund owner said no could only give 1 week money back. can I do anythin

He's known to have a severe drug problem the rooms were horrible I paid almost 2 thousand for the month and it was just odd he said I can't get my money back at all at firstly then said he could give me a weeks worth. It still bugs me to this- day the place is horrible and definitely not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 15, 2020

Probably not. Do you really think a guy with a severe drug problem.who runs a roach motel is going to have 2 grand laying around? You should have consulted a.lawyer 3 years ago. Even so, if you think you have a case, you should consult a lawyer, but be prepared to be charged a hefty fee upfront if... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Is it legal in Florida for dental practices to charge a COVID-19 fee to their patients to cover the costs of PPEs?

Particularly if that practice is a corporation - Sage Dental. Didn't they receive any relief money from the government to defray these costs?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 10, 2020

There is always some new scam and fee, I would venture to say that a dentist charges plenty in general for their services already, this would be like an attorney, accountant, restaurant, bar, etc., any business adding a Covid-fee because the cost of doing business has increased with Covid now, we... Read more »

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

1 Answer | Asked in Elder Law and Consumer Law for Florida on
Q: In a proposal for a new roof purchase for my home I see a clause stating I agree to give up my right to trial by jury.

Concerning my roof purchase would a trial by jury be preferable to going in front of one educated person , The Judge?

I'm assuming if I won't agree to this obnoxious request they won't sell me a new roof. Is this even legal ?

Tim Akpinar
Tim Akpinar answered on Aug 31, 2020

A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, contracts do contain clauses that dictate how disputes will be resolved. Some of these stipulate that arbitration will be used as a forum instead of civil court. I'm not certain if your clause... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Rights for Florida on
Q: what are the laws regarding recording calls, outgoing & incoming? Do we need to provide a disclaimer? or just inform?

Do we need to make a disclaimer for both outgoing and incoming calls? or let the person know they're on a recorded line during outgoing phone calls? or both? If so, Is there a specific disclaimer that is best for legality purposes?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2020

Wow. I am surprised you had to ask this question in August 2020, what with all the calls being made to and from all kinds of banks, credit card companies, insurance companies, police departments and government agencies and many other entities that routinely tell people that the call is being... Read more »

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: receiving text messages There is a file in our office needing your immediate attention, others asking me for phone #

Messenger also texting daughters. Also saying attempt to get a signature need address verification. 2 days ago we all got a private voice mail from a gentleman saying he had papers sealed for me to sign he would be her in 45 minutes, I waited 2 hours, no show, then late a text message asking if I... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 21, 2020

Sounds like a scam. No legitimate business operates like this. NEVER give them your information, because that's what they want.

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1 Answer | Asked in Consumer Law for Florida on
Q: i need help

i am done trying to prove that i have paid capital one the monies they say i owe. i now have found out that they contacted someone other than me about this accoutn and tried to get them to pay money that has been paid already. i am furious that my information has been shared with someone with out... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 17, 2020

There is nothing you need to do. Unless they are asking you for the money, it is not really your concern.

2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.

She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 11, 2020

The ADA (Americans with Disabilities Act) has nothing to do with your wife's apparent mental condition. Nor am I aware of any other federal or state law that could help you stop your wife's uncontrollable behavior.

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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Hello I need help confirming a business name that I’ve “registered” and someone is possibly challenging this name

I’ve researched and seems the format I am using wasn’t registered previously “as I have listed” and have processed the necessary paperwork to register at the state level and per fictitious name guidelines as well what can I do if they persist?

Charles M.  Baron
Charles M. Baron answered on Aug 9, 2020

Your inquiry is a bit vague as to whether your corporate name and/or fictitious name are registered with the Fla. Division of Corporations exactly as you intended. That is - does the name appearing on Sunbiz.org match the name you are using? Only names that are registered are protected - that... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Collections for Florida on
Q: I have some legal fines from about 20 years ago that I discovered recently. How can I go about getting these waived?

I have written a letter to the judge with no response.

Henry George Ferro
Henry George Ferro answered on Aug 7, 2020

Pay the fines or hire a lawyer to file the appropriate motions...good luck!

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1 Answer | Asked in Banking, Consumer Law and Contracts for Florida on
Q: I need some clarification on Car Bank loans and what my options are here in Florida. How can I send you the information

I need some clarification on Car Bank loans and what my options are here in Florida. I tried to post my questions here but it said I have to many character but you would need to see this information to give any advice, how can I send the detailed messages for proper recommendations?

Phillip William Gunthert
Phillip William Gunthert answered on Aug 5, 2020

You will have to contact and hire and attorney for their hourly fee or for a fixed fee to review the contract and advise you on any questions and issues that you might have related to the contract/purchase/loan, etc.

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